Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-08
APPLICATION FOR PATENT.

Where papers have once been filed with the
Register and Receiver they become Q part of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Office.
An application will be- rejected whom the
scription Of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in q
newspaper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
mado for the same premises, which WAS with.
drawn pending q suit in Court commenced by
the adverse
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in scoord.
ancs with law.
Where several parties own separate and dig
tinct portions Of o claim, application for
patent may be made by either for tn at portion
Of the claim owned by him; but where several
parties own undivided interests in !. mining
claim all should join in an application for o
patent.
A person or association may purch ase as
many placer locations as the local Law admits,
and embrace them all In one application for 9
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport.
| ing to act as q deputy for the Register and Re-
| ceiver cannot be recorded as evidence,
In all patents for mining claims situated
within the interior boundaries OF q town sit
aclause is in er'ed accepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures. lots,
blocks. streets, alleys or other municipal i'm
provements not belonging TO the grantee here
in, and all rights necessary or proper TO the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made a only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and In daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register designstes the daily issue
of q newspaper for publication OF notices of q
mining application for patent IL is not a COM
pliance with law TO change TO the weekly edi.
ton OF the same paper without authority Of
the Register.
The existence OF q salt spring on q tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character OF such land 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale Q separate and
distinct claim against each application which
II 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once fled
cannot be Withdrawn, but becomes q part Of the
record.
When an adverse claim has been nled II can
not be amended 30 a. to embrace q larger Dor.
ton Of the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local ofd ce
during the period Of publication Of the sppli.
cation for the patent TO be effective.
II 10 the duty OF the adverse claimant o
suit In proper form within the re-
CURED time, and IL he trusts the uncertain
medium OF the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. should
the failure TO suit be the result of
the cor rupt or dish onest act on Of his attsrney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law, without stating the
facts specially. will not be considered in evi-
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard to expenditures. aud shall nle a
copy OF the original notice of his loo alton. and
show the nature or extent of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company IL sufficient, and they
are not required to prove that they are III.
original locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS,
Where land ia OF little, II any value. for agri.
cultural purposes, but is essential TO The
proper development OF mining claims. a
should be disposed Of under the Mining Act.
Where lands containing valuable miner.l
deposits have been included In an apricnItu,.i
entry. said entry will be Cancelled AZ apy time
prior to issuance of patent. upon sstisfactorv
evidence OF the existence OF such valuable de-
posits.
Where valuable deposits Of mineral are ats.
covered upon q tract sfter the samf iss been
entered as agricultural, but before l ,tent has
been issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry win be cancelled t.
that portion OF the land embraced BY said
mining claim.
Where mineral deposits are discovered ON
agricultural lands after the patent has been
issued to an agricultural claimant. thsy pass
with the patanf F